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cap exempt to cap h1-change client on RFE

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  • cap exempt to cap h1-change client on RFE

    I am on a cap-exempt H1B.

    A cap Employer filed my H1B April 1 2015 and it got picked up in lottery. LCA filed is for Phoenix and no specific client details was given during initial filing. They just have a MSA with client A in phoenix.

    USCIS(California) issues RFE asking for employee-employer relationship and specialty occupation proof.

    We found a client B in San Franciso with End Client-> (Prime Vendor-A) -> (Supplier-B)->(My Employer) setup. We have end client letter, all contracts, PO, MSA.

    Note that the LCA for client B is different. And there are no positions open at the original location of LCA i.e Client A.

    Is it possible to get the petition approved if we get letters from (Prime vendor A) and (Supplier B) stating that the work has been moved from Phoenix to San Francisco area ? What are my options ?

    Should we submit the MSA that we have with client A along with above letters or should we not file it ?

  • #2
    Most likely it won't work because the LCA submitted would be for a different location. If the work location is different, then you need to first file a new LCA and apply the H1B based on that LCA.
    Not a legal advice. Use of this information is strictly at your own risk.